Simmons v. City of Coral Gables
| Decision Date | 27 April 1966 |
| Docket Number | No. 34554.,34554. |
| Citation | 186 So.2d 493 |
| Parties | Carl A. SIMMONS, Petitioner, v. CITY OF CORAL GABLES, Bituminous Casualty Corp., Florida Industrial Commission, Respondents. |
| Court | Florida Supreme Court |
Danton V. Ferrero and Allen Clements, Miami, for petitioner.
Williams & Jabara, Miami, Patrick H. Mears, Tallahassee and J. Franklin Garner, Lakeland, for respondents.
The claimant, a police academy trainee, suffered an alleged injury to his left knee while performing running exercises on the physical training field. Exercises had begun on October 15, 1962 and two weeks later while in the field he was forced to stop running because of intense pain in his leg. He was treated superficially and returned to the field but was compelled to merely watch the training exercises the remainder of the period. The next training period was two days later and inasmuch as the same type of pain occurred again claimant was sent to a physician. Ultimately, the fluid was drained from the knee and an operation performed. The surgery did not appear entirely successful and a second operation was performed in which three foreign bodies were removed from the knee and which improved the condition but left the claimant with periodic pain and a partial disability of the knee and leg.
A claim was filed and the deputy commissioner awarded claimant compensation for 30% permanent partial disability of the leg and other benefits. The employer contended that claimant had a pre-existing condition; had misrepresented this fact on his application; that he suffered no accident within the meaning of the Act and should be denied benefits.
The full commission reviewed the record and found that claimant had never been treated for an injury to the knee, although he had testified, "My knee has hurt like anybody that ever played football, but never swoll up or was treated by a doctor." He stated that he had not played since he was about fourteen years old and that he had had no trouble. There was some evidence, through the doctor's history, that twice the knee had swelled and been painful but had not required medical treatment and the condition was asymptomatic up to the time of the accident. Therefore the commission affirmed the deputy on this point, holding that the claimant had no reason to suspect the disability when he completed the application forms. The commission found, however, that the record showed the claimant had a pre-existing condition that consisted of osteochondromatosis (loose bodies within the knee joint), and that inasmuch as his condition could have become symptomatic at any time he had not in fact sustained a compensable accident arising out of and in the course of his employment.
We approve the decision of the full commission except as to the holding that claimant suffered no accident. We feel that the circumstances of the claimant's work and the rigid physical training required of police officers, were "causative factors in the injury," even though he may have suffered the same result in a variety of other situations. Cf. Spivey v. Battaglia Fruit Company, 138 So.2d 308 (Fla. 1962). The case falls within our definition, "unexpected injury received in the ordinary performance of a duty in the usual manner is an injury `by accident' within the purview of the...
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Zundell v. Dade County School Bd., 91-1848
...(Fla.1972) (cataracts); Wilhelm v. Westminister Presbyterian Church, 235 So.2d 726 (Fla.1970) (herniated disc); and Simmons v. City of Coral Gables, 186 So.2d 493 (Fla.1966) (knee injury). These cases exemplify Professor Larson's statement that "[t]he 'by accident' requirement is ... satisf......
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Burris v. Goodyear
...must prevail in a workers' compensation case. Kerce v. Coca-Cola Co.-Foods Div., 389 So.2d 1177 (Fla.1980); Simmons v. City of Coral Gables, 186 So.2d 493 (Fla.1966). Indeed, the rule has been applied in numerous Florida decisions to a variety of contexts. See, e.g., Cone Bros. Contracting ......
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Southern Bell Tel. & Tel. Co. v. McCook
...both of which cases the employee's painful condition had been a known and continuing fact. This case is more like Simmons v. City of Coral Gables, 186 So.2d 493 (Fla.1966), where it was shown that a pre-existing knee condition suddenly became disabling as a result of rigorous police academy......
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Kerce v. Coca-Cola Company-Foods Division
...decisional law pertaining on the date that an accident has occurred must prevail in a workmen's compensation case. Simmons v. City of Coral Gables, 186 So.2d 493 (Fla.1966). In 1979, however, the legislature abolished permanent partial disability as provided for in section 440.15(3)(u), Flo......